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Articles 31 - 55 of 55
Full-Text Articles in Criminal Law
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
Michigan Law Review
A Review of A Capacity to Punish: The Ecology of Crime and Punishment by Henry N. Pontell
Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review
Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review
Michigan Law Review
A Review of Just and Painful: A Case for the Corporal Punishment of Criminals by Graeme Newman
The Heroin Solution, Michigan Law Review
The Heroin Solution, Michigan Law Review
Michigan Law Review
A Review of The Heroin Solution by Arnold S. Trebach
Capital Punishment: For Or Against, Jan Gorecki
Capital Punishment: For Or Against, Jan Gorecki
Michigan Law Review
A Review of The Death Penalty -- A Debate by Ernest van den Haag and John Conrad
The Home Front: Notes From The Family War Zone, Michigan Law Review
The Home Front: Notes From The Family War Zone, Michigan Law Review
Michigan Law Review
A Review of The Home Front: Notes from the Family War Zone by Louise Armstrong
The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard
The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard
Michigan Law Review
A Review of Crime and Modernization by Louise Shelley, and Readings in Comparative Criminology edited by Louise Shelley
Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger
Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger
Michigan Law Review
A Review of The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose by Francis A. Allen
The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan
The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan
Michigan Law Review
This Article addresses that question by examining judicial sentencing philosophy as applied to white-collar criminality and reporting data that illuminate the operation of that philosophy. Part I of the Article argues that the traditional purposes and limits of criminal sentencing may plausibly justify either disparate or comparable sentences in cases of white-collar and common criminality. Part II describes the obstacles to an accurate empirical inquiry into how judges resolve these uncertainties in the theory of punishment. Part III presents a study designed to overcome as many of these obstacles as possible. What is most dramatic is that the resulting data …
From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch
From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch
Michigan Law Review
While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Michigan Law Review
The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.
Two Theories Of Criminal Justice, Alsen D. Miller
Two Theories Of Criminal Justice, Alsen D. Miller
Michigan Law Review
A Review of A Theory of Criminal Justice by Jan Gorecki, and A Theory of Criminal Justice by Hyman Gross
Social Research And The Use Of Medieval Criminal Records, Edward Powell
Social Research And The Use Of Medieval Criminal Records, Edward Powell
Michigan Law Review
A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt
The Inauguration Of Criminology Annuals, David F. Greenberg
The Inauguration Of Criminology Annuals, David F. Greenberg
Michigan Law Review
A Review of Crime and Justice: An Annual Review of Research, vol. 1 edited by Norval Morris and Michael Tonry, and Criminology Review Yearbook, Vol. 2 edited by Egon Bittner and Sheldon L. Messinger
Changed Society, Changing Law, Hence Unstable Prisons, Daniel Glaser
Changed Society, Changing Law, Hence Unstable Prisons, Daniel Glaser
Michigan Law Review
A Review of Stateville: The Penitentiary in Mass Society by James B. Jacobs
The Law As A Path To The World, Francis A. Allen
The Law As A Path To The World, Francis A. Allen
Michigan Law Review
Many years ago the late Mr. Justice Oliver Wendell Holmes observed: "The law is a small subject (though ... it leads to all things) .... " The comments that follow are an elaboration of Justice Holmes's theme. It will be asserted that one characteristic of legal studies, properly pursued, is that they lead to a fuller understanding of the larger world of which the law and its institutions are a part. Because the law leads to a larger world of persons, events, and ideas, it claims the attention even of those possessing no interest in acquiring professional legal skills. This …
Central Problems Of American Criminal Justice, Francis A. Allen
Central Problems Of American Criminal Justice, Francis A. Allen
Michigan Law Review
At periodic intervals during the present century the American "crime problem" has aroused agitated public discussion. At these times both publicists and ordinary citizens are likely to assume that the disturbing conditions have suddenly arisen and are wholly unlike anything experienced before. In considering the crime problem, the beginning of wisdom may lie in the discovery that this is a problem with a history. Crime and its control did not suddenly become significant in the late 1960s, at the end of World War II, or even with the launching of the prohibition experiment at the conclusion of the first great …
Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman
Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman
Michigan Law Review
What is the appropriate set for the mind when it mulls the report of the President's Commission on Law Enforcement and the Administration of Justice? Should it be fine grind, as is the professor's when he asks a student in his first class in law school to state the case of Regina v. Dudley & Stephens? Or should the running wheel be raised from the bedstone, as is so often the case when the professor turns to review the work of a colleague? While the latter may have the appeal of habit, there are, I think, three important reasons …
Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan
Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan
Michigan Law Review
A Review of Crime and Publicity: The Impact of News on the Administration of Justice by Alfred Friendly and Ronald L. Goldfarb
Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady
Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady
Michigan Law Review
A Review of Defense of the Poor in Criminal Cases in American State Courts by Lee Silverstein
Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.
Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.
Michigan Law Review
In common with other nations of the world the United States today as in the past is faced with the problem of controlling prostitution, particularly in urban areas. At one time or another states and cities in the United States have experimented with the classic methods of controlling prostitution: reglementation, segregation and repression. Reglementation of individual houses or prostitutes has never been carried out on a statewide basis in any state in the United States, though one can find instances in certain large cities in the nineteenth and early twentieth centuries in which city ordinances or de facto police regulations …
"Congress Shall Make No Law…":Ii, O. John Rogge
"Congress Shall Make No Law…":Ii, O. John Rogge
Michigan Law Review
The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.
One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …
"Congress Shall Make No Law..."*, O. John Rogge
"Congress Shall Make No Law..."*, O. John Rogge
Michigan Law Review
It is the position of the writer that, at least so far as Congress is concerned, speech is as free as thought, and that unless and until speech becomes a part of a course of conduct which Congress can restrain or regulate no federal legislative power over it exists. State power, despite the Fourteenth Amendment, may be somewhat more extensive. Certainly the framers of the First Amendment intended that it should be. This article will deal with federal power over speech.
Alcoholism And The Law, Melvin L. Selzer
Alcoholism And The Law, Melvin L. Selzer
Michigan Law Review
The American public has recently been subjected to a deluge of articles and books on the subject of alcoholism. While these contributions have been filled with valuable information, certain omissions have been noticeable. These omitted facts are of vital significance to any one wanting to gain insight into the broad problem of alcoholism. The first omission is a failure to stress that no one-or almost no one-knows who is alcoholic. This may include the alcoholic himself. It is a point of considerable importance in determining the proper disposition of certain criminal cases.
Report On The Causes Of Crime, Kenneth Sears
Report On The Causes Of Crime, Kenneth Sears
Michigan Law Review
The Report of the Commission, together with a number of special reports of individuals and groups concerning various features of the problem of the causes of crime, is in two large volumes of about four hundred pages each.
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Michigan Law Review
To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."